A post on SideQuesting takes issue with the Terms of Service for beta testers of SimCity, the upcoming continuation of Maxis' urban planning series (thanks Joao). It seems EA is taking a zero-tolerance policy towards those who knowingly abuse bugs to the extent that users who fail to report bugs are threatened with loss of access to "all EA products," not just this beta. It seems apparent this will only apply to those who actually exploit unreported bugs, as this would be their only way of knowing who is aware of them. Here is the clause in question:

“It is understood and agreed that, as part of your participation in the Beta Program, it is your responsibility to report all known bugs, abuse of ‘bugs’, ‘undocumented features’ or other defects and problems related to the Game and Beta Software to EA as soon as they are found (“Bugs”). If you know about a Bug or have heard about a Bug and fail to report the Bug to EA, we reserve the right to treat you no differently from someone who abuses the Bug. You acknowledge that EA reserve the right to lock anyone caught abusing a Bug out of all EA products.”

Satoru wrote on Jan 21, 2013, 13:05:My point was that people think EULA are illegal. They are not as they are contracts. Specific provisions may be unenforceable depending on the clause or local law, but even that in no way makes them "illegal". People need to get it into their brains that EULA are contracts an are enforceable world wide.

I know what you were saying, I just have no idea why you are quibbling about the terminology applied when you understand perfectly well what they meant. Just because someone enters into a contract does not mean the terms are always binding. It really depends too much on the details to make generalizations IMHO.

If EA kills your account because they have proof that You withheld a bug during the beta, then you have no recourse. There is nothing illegal about it. Even if proving it would be quite difficult.

If the products depend on access to the account and there is no refund or recourse then I can see a lawsuit challenging that sort of provision happening and I could see merit in it but again, it depends on where its being challenged.